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Bharat Das

Pending F1 - if declined reenter with B1?

By Bharat Das in Student & Exchange Visitor Visas

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Bharat Das Newbie

Bharat Das   0

Posted
Filed: Other Country: Germany
 Timeline
Posted

Dear Experts,

 

currently my wife (plus me and kids) have applied for F1 because we havent had all papers together for applying for R1 as we actually want to. so we wanted to bridge with one semester of English as second language to wait for more approval from the overseas organization.

 

now our status is pending and as we are hardly having enough funds to pay the university, we think to apply for R1 right when we get an answer from USCIS.

 

1.

if one or the other would be declined, could we use our valid B1 multiple entry visa which was granted for a stay of 6 month duration, valid for 10yrs?

 

if yes:

2. could we leave for 2-3 months to south america? 

3. would the duration again be 6 month or would that be up to the custom officer in charge at that time?

 

thanks a lot in advance for helping our whole family with your reply!

Bharat

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Kastrs Experienced

Kastrs   723

Posted
Filed: Citizen (pnd) Country: Pakistan
 Timeline
Posted

I am not sure what you mean by R1- are you trying to say your wife is a USC and therefore can petition for you?

The F1 visa is a NON immigrant visa, as your intention seems to be to move to the US you should not be granted this visa, additionally it is visa fraud to enter the US on a non immigrant visa with the intent to immigrate to the US

A B1 visa is for visiting the US NOT living in the US

 

What you should do is apply for the appropriate immigrant visa instead of looking for a shortcut that involves fraudulent intent (using a non immigrant visa to immigrate)

Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 
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f f Proficient

f f   725

Posted
Filed: Country:
Timeline
Posted

they will deny your f1, you have clearly shown immigrant intent and a requirment for the f1 are tied that will assure you will return home when it is done. also as noted above using a non immigrant visa for the purpose of moving to the us is fraud and any lies or half truths you make to get that visa will severely hurt your cr1 visa chances. best advice is to wait it out.

 

good luck

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KierenHby Experienced

KierenHby   899

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted (edited)

The success of a B1 may depend on your nationality. But you may not use a nonimmigrant visa to enter and change status. 

You should calrify which visa.. F or R. 

You got a B1 on a German pp, didnt use ESTA? 

Edited by KierenHby

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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jan22 Experienced

jan22   3,043

Posted
Filed: Timeline
Posted

Whatever you decide to do, it is critical that you understand you cannot use your B visa to enter the US to live and do the work or study that you would do on either an F or an R.   If you use the B, how would you support your family?  Even if the R is ultimately available, you would either need to have everyone leave the US to apply for the new visa or wait months for a change of status...again posing the question on how you would support you and your family?

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